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What to Do If You've Been Sued by Atlantic Credit and Finance

George Simons | January 23, 2025

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: To negotiate with Atlantic Credit & Finance, validate their claims first. Offer a realistic settlement amount (start low), confirm all terms in writing, and stay proactive in paying off the debt. Solo can help.

Have you been receiving suspicious letters, phone calls, or in-person service of court documents? You may have been informed that Atlantic Credit and Finance LLC is suing you over outstanding debt. If this is the case, then you may immediately hang up, throw out the letter, or freak out. What you shouldn't do is ignore it. This could mean you may face damaging financial consequences if you do not respond in time, and in the right manner.

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What Is Atlantic Credit & Finance?

First off, Atlantic Credit and Finance LLC is a legitimate modern junk debt buyer. This means that they purchase debt from allegedly defaulted consumer debt accounts. Then they attempt to sue consumers for these debts and collect on them.

According to the BBB, Atlantic Credit and Finance was founded in 1996 with headquarters in Roanoke, VA. On their website, ACF states that they help customers to handle their debt.

Who does Atlantic Credit & Finance collect for?

Atlantic Credit and Finance LLC routinely purchases accounts at a fraction of the cost of what is owed, typically from credit card companies, banks, and other companies.

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Read Atlantic Credit & Finance reviews online

If you want to find out what consumers have said about their experience with Atlantic Credit & Finance and whether it is possible to negotiate a debt collection settlement, then take a moment to read these reviews:

  • Atlantic Credit & Finance reviews on Google
  • Atlantic Credit & Finance reviews on Yelp

While Atlantic Credit & Finance online reviews are pretty mixed, there are some reviews that indicate consumers can have a pleasant experience communicating with Atlantic Credit collectors to resolve debt. Let’s consider a real example from a borrower named Jodi-Ann:

“After seeing all of the negative comments I was fully prepared to do what everyone else was going to do which was stop payment if they didn’t answer the phone. On Friday around 4 PM I was calling and calling and was not getting a response so I decided to wait until today which is Monday and call. I called around 12:30 PM and my wait time was maybe eight minutes and I got on the phone with Misty and she was very very pleasant and she let me know how much my Balance was and she gave me her extension. So my best advice is to wait until regular business hours and give them a call! Now that I know what my balance is I can work towards that amount! Good luck!”

This review shows that Atlantic Credit debt collectors are open to working with you to resolve your concerns and get your debt paid in a manner that works for you and your current financial situation. Communication is the key.

However, who wants to play phone tag and wait on hold just to pay off a debt? If calling a debt collector to negotiate doesn’t sound like your idea of fun, try using SoloSettle to negotiate online and resolve your debt through the digital settlement platform.

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Make an Offer

What Happens If You Do Not Respond to a Complaint

Atlantic Credit & Finance LLC knows how to work the system. They also know that they can obtain an automatic judgment if you do not respond to their summons. Obtaining a debt judgment can be devastating and can lead to the following consequences:

  • Bank and wage garnishments
  • Judgment liens leading to foreclosure
  • Credit report damage
  • Forced sale of personal assets

How to negotiate with Atlantic Credit and Finance to settle your debt

If you prefer to avoid going through the stressful and time-intensive litigation process, then consider initiating debt settlement negotiations with Atlantic Credit & Finance LLC. Below are three steps you should consider taking to settle debt:

Step 1: Determine how much you can actually pay

Before starting debt settlement negotiations, make sure to calculate how much you can actually afford to pay in a lump sum. Your calculation should take into consideration your other living expenses. If you don’t have sufficient funds to make a lump sum payment, try to calculate what you could pay in installments.

Step 2: Reach out to the debt collector to engage in debt settlement negotiations

Once you’ve figured out how much you can reasonably repay, the next step is to try and negotiate a settlement. Start by offering a lower percentage of the total amount owed, typically 30% to 50% of the original amount, and be prepared to negotiate upward. If possible, offer a lump sum payment as creditors are more likely to accept a lower amount if they receive an immediate payment.

Step 3: Get the debt settlement agreement in writing

Before making a payment toward the debt, ensure you receive a written agreement outlining the terms of the settlement. This is known as a debt settlement agreement. The agreement should clearly state that the payment will settle the debt in full and that they will not pursue any further legal action or collections.

If you decide to engage in settlement talks, consider using smart tools to help you with the debt settlement negotiation process, like SoloSettle, which is a software that sends and receives settlement offers for you until you come to an agreement with the collector or creditor. Innovative tools such as SoloSettle can make it much easier to fly solo in the credit card debt settlement process, which can help you both save money and resolve your debts more efficiently than litigation.

To learn more about these steps, watch our video guide below:

Should you use a lawyer for your debt collection lawsuit?

Although your situation may be frightening, you may not need to hire a lawyer. This is because these lawsuits are not a guaranteed win for the debt collector. Some debt lawsuits are based on real accounts and debts, but because many lack the necessary documentation to prove that you owe the amount, you may be able to avoid accepting liability. This is because debt can change hands multiple times before a lawsuit is ever filed.

What to Do If You've Been Sued by Atlantic Credit and Finance

Answer the Lawsuit

If you have ever been served a Summons and Complaint, then you must respond to it. This is typically the number one mistake people make when sued for debt. Whether you owe the debt or think you have been sued in error, you still need to respond. This is done in the form of an Answer.

If you do not send an Answer, then you will provide an easy opportunity for Atlantic Credit and Finance to file a default judgment against you. This is when things get serious and the collector can now try to garnish your wages, take money out of your bank account, and even attempt to collect attorney's fees, court costs, and interest charges.

What to Do If You Owe the Debt

Even if you owe this debt, you should respond in around two sentences denying liability. If you automatically admit to the lawsuit, then the collector may secure all of the funds. If you end up being given the liability but you originally responded, then you may be able to negotiate a settlement and save money in the long run.

Responding means that the debt collector will either back down or offer a settlement. The debt collector typically files the lawsuit assuming that you will not file an Answer. If you do, they may be surprised, and not want to put much more effort into collecting from you. This is why if you automatically deny liability, they will work to settle the debt for a lower cost.

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Challenge the Debt Lawsuit

Challenge the debt collector's ability to file the lawsuit against you in the first place. When it comes to credit card debt, it is typically bought at a very low rate by a collection agency. This is why they try to sue you to collect the money owed. Despite this, they also need to prove they have the right to do so. This evidence can be in the form of a transfer of the signed credit card agreement. Most often they do not have this documentation because it was not properly transferred to the collection agency.

If you are planning to ask the court to dismiss the case, it would be because the debt collector does not have the "chain of custody" paperwork. This means that they do not have the right to collect this debt from you.

Use the Statute of Limitations as a Defense

Because Atlantic Credit automatically assumes that you will not respond, they are typically not prepared for your response. This also means that they often do not even check to see if they can legally sue you for the debt. The Statute of Limitations is the maximum amount of time that a third-party debt collector can sue you for debt. After this amount of time, the Statute of Limitations expires and the collector will no longer be able to sue you in court. This can be used as a method of defense against a lawsuit.

Countersue

Countersuing is an option if a debt collector has violated any of the provisions in the Fair Debt Collection Practices Act (FDCPA). In this case, you may be able to sue them and be awarded damages. The Fair Debt Collection Practices Act includes when you can legally be contacted and in what manner.

Being sued for debt is never fun, but you always have a way out. Especially when being sued by a third-party debt collector such as Atlantic Credit and Finance. Take these tips and make a decision that works best for you, but always remember, you must respond.

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